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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On May 4, 2009, the Defendant received a summary order of a fine of two million won from the Changwon District Court for a crime of violation of the Road Traffic Act, and on March 19, 2012, the Defendant received a summary order of a fine of two million won for a crime of violation of the Road Traffic Act in the same court on March 19, 2012, respectively.
On March 21, 2014, at around 00:05, the Defendant driven a car with blood alcohol content of about 0.124% without a driver’s license from around 00:15 on the front of the nuclear power frequency in the Changwon-si, Changwon-si, Changwon-si to the front road of the Samsan-si, Masan-si, Masan-si, 00:15 on the same day.
Summary of Evidence
1. Defendant's legal statement;
1. Statement on the circumstances of a drinking driver, inquiry into the results of the crackdown on drinking driving, and inquiry into the driver’s license;
1. Previous records of judgment: Application of inquiries, such as criminal records, and investigation reports (a copy of the same type of judgment attached) Acts and subordinate statutes;
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reasons for sentencing under Article 62-2 of the Criminal Act, including the fact that the defendant had been punished several times due to drinking driving, but again leads to the crime of this case, the defendant is selected to be sentenced to imprisonment in consideration of the fact that he/she has committed the crime of this case. The defendant's name, character and behavior, environment, motive and circumstance of the crime of this case, circumstances after the crime of this case, etc. are considered, and the punishment as ordered shall be determined by taking into account the sentencing conditions indicated in the records such as the defendant's age